CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5271

Chapter 106, Laws of 2009

61st Legislature
2009 Regular Session



DECLARATIONS OF CANDIDACY



EFFECTIVE DATE: 07/26/09

Passed by the Senate March 7, 2009
  YEAS 44   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 7, 2009
  YEAS 97   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5271 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved April 16, 2009, 3:36 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
April 17, 2009







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 5271
_____________________________________________

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senate Government Operations & Elections (originally sponsored by Senators Oemig, McDermott, and Swecker; by request of Secretary of State)

READ FIRST TIME 02/10/09.   



     AN ACT Relating to candidate filing; and amending RCW 29A.24.070, 29A.24.091, and 29A.80.041.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 29A.24.070 and 2006 c 263 s 614 are each amended to read as follows:
     Declarations of candidacy shall be filed with the following filing officers:
     (1) The secretary of state for declarations of candidacy for statewide offices, United States senate, and United States house of representatives;
     (2) The secretary of state for declarations of candidacy for the state legislature, the court of appeals, and the superior court when the candidate is seeking office in a district comprised of voters from two or more counties((. The secretary of state and the county auditor may accept declarations of candidacy for candidates for the state legislature, the court of appeals, and the superior court when the candidate is seeking office in a district comprised of voters from one county));
     (3) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director in joint districts, where voters from a district comprising more than one county vote upon the candidates, a declaration of candidacy shall be filed with the county auditor of the county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the declaration of candidacy shall be filed with the county auditor of the county designated by the superintendent of public instruction as the county to which the joint school district is considered as belonging under RCW 28A.323.040((;
     (4) For all other purposes of this title, a declaration of candidacy for the state legislature, the court of appeals, and the superior court filed with the secretary of state shall be deemed to have been filed with the county auditor when the candidate is seeking office in a district composed of voters from one county
)).
     Each official with whom declarations of candidacy are filed under this section, within one business day following the closing of the applicable filing period, shall transmit to the public disclosure commission the information required in RCW 29A.24.031 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a list containing the name of each candidate who files such a declaration in his or her office during such filing period together with a precise identification of the position sought by each such candidate and the date on which each such declaration was filed. Such official, within three days following his or her receipt of any letter withdrawing a person's name as a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission.

Sec. 2   RCW 29A.24.091 and 2006 c 206 s 3 are each amended to read as follows:
     A ((filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a)) filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for precinct committee officer or any office for which compensation is on a per diem or per meeting attended basis.
     A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a filing fee petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
     When the candidacy is for:
     (1) A statewide office, the United States senate, or the United States house of representatives, the fee shall be paid to the secretary of state;
     (2) A
legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district((.));
     (((2))) (3) A legislative or judicial office that includes territory from only one county((:
     (a)
)), the fee shall be paid to the county auditor ((if the candidate filed his or her declaration of candidacy with the county auditor;
     (b) The fee shall be paid to the secretary of state if the candidate filed his or her declaration of candidacy with the secretary of state. The secretary of state shall then promptly transmit the fee to the county auditor of the county in which the legislative or judicial office is located.
));
     (((3))) (4) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.

Sec. 3   RCW 29A.80.041 and 2004 c 271 s 148 are each amended to read as follows:
     Any member of a major political party who is a registered voter in the precinct may ((upon payment of a fee of one dollar)) file his or her declaration of candidacy as prescribed under RCW 29A.24.031 with the county auditor for the office of precinct committee officer of his or her party in that precinct. When elected at the primary, the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct.


         Passed by the Senate March 7, 2009.
         Passed by the House April 7, 2009.
         Approved by the Governor April 16, 2009.
         Filed in Office of Secretary of State April 17, 2009.